Booker (1994) 21 Cal.App.4th 1517, neither of the defendants sought reduction under section 17, subdivision (b), and a superior court judge reduced felony charges before a judgment or imposition of sentence. In reaching its conclusion that the order was a dismissal under section 871 and properly the subject of a motion under section 871.5, the Feinstein court relied on the holding in People v. The Feinstein court deemed the magistrate's order was a dismissal, concluding the lower court's order could not be characterized as anything else, including an action under section 17, subdivision (b)(5), since neither of the charged offenses was a wobbler as to which the reduced crime was its misdemeanor counterpart. "Since the magistrate lacked the power to reduce the charges, what was the effect of her order that purported to do so?" (Id. Then the Court of Appeal identified the issue as a straightforward question:
The Court of Appeal concluded the magistrate did not have authority under section 17, subdivision (b)(5), to reduce the wobbler felony sexual battery to a simple battery, a different crime, or to reduce the straight felony false imprisonment by violence, menace, fraud, or deceit to a misdemeanor. The superior court denied the motion and the People filed a petition for writ of mandate with the Court of Appeal.
The People filed a motion pursuant to section 871.5 for review by the superior court. (a)) to a misdemeanor simple battery ( 242) and a nonwobbler, straight felony false imprisonment by violence, menace, fraud or deceit charge ( 236 & 237) to misdemeanor false imprisonment ( 236).
#Sample motion for reconsideration superior court california code
Superior Court (Feinstein) (1994) 29 Cal.App.4th 323, a magistrate purported to reduce a wobbler felony sexual battery charge (Penal Code 243.4, subd.
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